(1) LEAVE granted.

(2) HEARD learned counsel for the parties.

(3) THIS appeal relates to the selection of the appellant for posting as Resident Director of the India Trade Promotion Organisation, Respondent 1 herein, at New York. The said posting was made on the basis of the selection made by a Selection Committee. The Selection Committee considered three persons including the appellant and S.P. Choudhary, Respondent 2 herein. One of the reasons given by the Selection Committee for rejecting the candidature of Respondent 2 was that he "does not have adequate service to fulfil the condition for a minimum period of two years after completion of the normal tenure of three years of posting abroad". This requirement has been prescribed by Respondent I in the matter of appointment on the post of Resident Director in the foreign office. This has been admitted by Respondent 2 in para 15 of his writ petition in the High court wherein it is stated:

"THAT the candidate/officer proposed to be appointed as Resident Director outside India is required to execute a bond that he would serve the organisation for two years after rejoining Respondent 1 organisation on complet